1. Section 2(b) of the Constitution (Eighteenth Amendment Act, 2010 (10 of 2010) repealed the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. April 19, 2010). As the said repeal was subject to Art. 264 of the Constitution, section 93 of the Constitution (Eighteenth Amendment) Act, 2010, inserted Art. 267B to the Constitution, in order to deem Art. 195 to have been retained, as substituted by section 7 of the said repealed Amendment Act, (w.e.f. December 31, 2003), notwithstanding its repeal. Art. 195 has now been restored to the form adopted in 1973.

Art. 195 as amended by the LFO (Amendment) Order 2002 (C.E.O. No. 29 of 2002), read

195. Retiring age.— a[(1)]A Judge of a High Court shall hold office until he attains the age of b[sixty-five years], unless he sooner resigns or is removed from office in accordance with the Constitution.

a. In spite of the fact that Item 37 of the schedule to RCO (P.O. No. 14 of 1985) deleted clauses 2 to 6 of Art. 195, (w.e.f. March 2, 1985), the draftsman neglected to deleted the numeral “1” and brackets from the said Art. In Art. 195, as substituted by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003, the mistake was rectified, (w.e.f. December 31, 2003).

b. Art. 2(4) of the Legal Framework (Amendment) Order, 2002 (C.E.O. No. 29 of 2002), substituted the said words, in clause (1) of Art. 179, in place of the words “sixty-two years”, (w.e.f. October 9, 2002).

“(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:

(a) to retire form his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or

(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court.

(6) Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term.”

Comparative Table of Article 195 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :

94

Constitution of Pakistan 1956 :

166(2)

Constitution of India 1950:

217

Government of India Act 1935:

220(2)

Leading & Latest Cases on Article 195 of the Constitution of Pakistan, 1973 :